The following terms, wherever used herein or
referred to in this chapter, shall have the respective meanings assigned
to them, unless a different meaning clearly appears from the context:
ACCESSORY STRUCTURE
A structure, the use of which is incidental to that of the
main building and which is attached thereto or located on the same
premises.
BASEMENT
The portion of the building that is partly underground, which
has more than 1/2 of its height, measured from clear floor to ceiling,
above the average adjoining ground level. Where the natural contour
of the ground level immediately adjacent to the building is interrupted
by ditching, pits or trenching, then the average adjoining ground
level shall be the nearest natural contour line parallel to the walls
of the building, without regard to the levels created by the ditching,
pits or trenching.
BATHROOM
Enclosed space containing one or more bathtubs, showers or
bath and which shall also include toilets, lavatories or fixtures
serving similar purposes.
BUILDING
A combination of materials to form a construction adapted
to permanent or continuous occupancy or use for public, institutional,
residence, business or storage purposes.
BUILDING CODE
The Building Code adopted by the Village of Larchmont.
BUILDING INSPECTOR
The person or persons so designated by the Village Board
of the Village of Larchmont, New York.
CELLAR
The lowermost portion of the building, partly or totally
underground, having half or more of its height, measured from clear
floor to ceiling, below the average adjoining ground level. Where
the natural contour of the ground level immediately adjacent to the
building is interrupted by ditching, pits or trenching, then the average
adjoining ground level shall be the nearest natural contour parallel
to the walls of the building, without regard to the level created
by the ditching, pits or trenching.
DWELLING
Any building, structure or part thereof used and occupied
for human habitation or intended to be used, and includes any appurtenances
belonging thereto or used therewith.
DWELLING UNIT
A room or group of interrelated rooms intended or designed
for the nontransient residential use of one person or one family.
FIRE HAZARD
A.
Any device or condition likely to cause fire
and which is so situated as to endanger other persons or property.
B.
The creation, maintenance or continuance of
any physical condition by reason of which there exists a use, accumulation
or storage for use of combustible or explosive material sufficient
in amount or so located or in such a manner as to put in jeopardy,
in event of ignition, either persons or property.
C.
The obstruction to or of fire escapes, ladders
which are part of fire escapes, stairways, aisles, exits, windows,
passageways or halls likely, in the event of fire, to interfere with
the operation of the Fire Department or of the safety and ready egress
of occupants.
D.
The violation of any Fire Code or rule now or
hereafter promulgated by the Fire Department of the Village of Larchmont.
FLOWER PLANTER
A container placed at the exterior of any building and used
for plants or other natural, seasonal displays
[Added 2-25-2020 by L.L. No. 4-2020]
GARBAGE
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food. (See also
"refuse" and "rubbish.")
HABITABLE ROOMS
Rooms used or designated for use by one or more persons for
living or sleeping or cooking and eating, but not including bathrooms,
water closet compartments, laundries, serving and storage pantries,
corridors, foyers, vestibules, cellars, heater rooms, boiler rooms,
utility rooms and other rooms or spaces that are not used frequently
or for an extended period of time or that have less than 50 square
feet of superficial floor area.
INFESTATION
The presence of insects, rodents, vermin or other pests on
the premises which constitute a health hazard.
KITCHEN
Any room or part of a room used for cooking or the preparation
of food.
MIXED OCCUPANCY
Any building containing one or more dwelling units or rooming
units and also having a portion thereof devoted to nondwelling uses.
NUISANCE
A.
Any public nuisance known at the public law
or in equity jurisprudence or as provided by the statutes of the State
of New York or in the ordinances of the Village of Larchmont.
B.
Any attractive nuisance which may prove detrimental
to the health or safety of children, whether in a building, on the
premises of a building or upon an unoccupied lot. This includes, but
is not limited to, abandoned wells, shafts, basements, excavations,
abandoned iceboxes, refrigerators, motor vehicles, any structurally
unsound fences or structures, lumber, trash, fences, debris or vegetation
such as poison ivy, oak or sumac, which may prove a hazard for inquisitive
minors.
C.
Physical conditions dangerous to human life
or detrimental to the health of persons on or near the premises where
the conditions exist.
D.
Overcrowding of a room with occupants, in violation
of this chapter.
E.
Insufficient ventilation or illumination, in
violation of this chapter.
F.
Inadequate or insanitary sewage or plumbing
facilities, in violation of this chapter.
G.
Insanitary conditions or anything offensive
to the senses or dangerous to health, in violation of this chapter.
H.
Whatever renders air, food or drink unwholesome
or detrimental to the health of human beings.
OCCUPANT
Any person living in, sleeping in or having actual possession
of a dwelling unit or rooming unit, or any person using or having
actual possession of any nonresidential premises.
OPERATOR
Any person who has charge, care or control of a dwelling
or premises, or a part thereof, whether with or without the knowledge
and consent of the owner. An operator may also be an occupant. (NOTE:
The name and address of any person qualifying as an operator, as defined
in this section, shall be furnished, in writing, to the Building Inspector
upon demand. Failure of any operator to furnish such information upon
demand and to furnish any subsequent changes in name and address of
such operator shall be a violation of the Property Maintenance Code.)
[Amended 7-10-1978 by L.L. No. 5-1978]
OWNER
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises, with or without
accompanying actual possession thereof or shall have charge, care
or control of any dwelling or dwelling unit as the owner or agent
of the owner or as receiver, fiduciary or as a mortgagee in possession,
regardless of how such possession was obtained. Any person who is
a lessee, subletting or reassigning any part or all of any dwelling
or dwelling unit, shall be deemed to be a co-owner with the lessor
and shall have joint responsibility over the portion of the premises
sublet or assigned by said lessee. "Owner," as used herein, shall
also include an officer, director or majority shareholder of any corporation
having legal or equitable title to any premises. (NOTE: The name and
address of any person qualifying as an owner, as defined in this section,
shall be furnished, in writing, to the Building Inspector upon demand.
Failure of any owner to furnish such information upon demand and to
furnish any subsequent changes in name and address of such owner shall
be a violation of the Property Maintenance Code.)
[Amended 7-10-1978 by L.L. No. 5-1978]
PLUMBING
All of the following supplies, facilities and equipment:
gas pipes, gas-burning equipment, water pipes, garbage disposal units,
waste pipes, water closets, sinks, installed dishwashers, lavatories,
bathtubs, shower baths, installed clothes-washing machines, catch
basins, vents and any other similar supplied fixtures, together with
all connections to water, sewer or gas lines and water pipes and lines
utilized in conjunction with air-conditioning equipment.
PREMISES
A lot, plot, or parcel of land, including the building or
structures thereon.
PUBLIC VIEW
Any premises or any part thereof or any building or any part
thereof, which may be lawfully viewed by the public or any member
thereof from a sidewalk, street, alleyway, open-air parking lot or
from any adjoining or neighboring premises.
REFUSE
All putrescible and nonputrescible solid wastes, except body
wastes, including but not limited to garbage, rubbish, ashes, street
cleanings, dead animals, abandoned automobiles and solid market and
industrial wastes. (See also "garbage" and "rubbish.")
ROOM
Space in an enclosed building or space set apart by a partition
or partitions and any space in a building used or intended to be used
as a bedroom, dining room, living room, kitchen, sewing room, library,
den, music room, dressing room, enclosed sleeping porch, sun-room,
party room, recreation room, breakfast room, study, storage room and
similar uses.
RUBBISH
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials. (See also "garbage" and "refuse.")
SANITARY SEWER
Any sanitary sewer owned, operated and maintained by the
Village of Larchmont and available for public use for the disposal
of sewage, or a sanitary sewerage system.
SEWAGE
Waste from a flush toilet, bathtub, sink, lavatory, dishwashing
or laundry machine or the water-carried waste from any other fixture
or equipment or machine.
STORY
That portion of a building included between the upper surface
of any floor and the upper surface of the floor next above, except
that the topmost story shall be that portion of a building included
between the upper surface of the topmost floor and the ceiling or
roof above. If the finished ceiling level directly above a basement
or cellar is more than four feet above grade, such basement or cellar
shall be considered a story.
STRUCTURE
Anything constructed, assembled or erected, the use of which
requires location on the ground or underground or attachment to something
having a location on or in the ground, and things appurtenant thereto
and shall include fences, walls, tanks, towers and advertising devices.
This includes any structure equipped with a roof, whether permanent
or temporary, such as porches, awnings, canopies, swimming pools,
summer houses, arbors, balconies and similar elements, fences and
signs but does not include patios at grade or unroofed surfaces prepared
for sports. The word "structure" shall not apply to utility services
entirely below the ground.
VENTILATION
Supply and removal of air to and from any space by natural
or mechanical means.
VENTILATION, NATURAL
Ventilation by openings to outer air through windows, skylights,
doors, louvers or stacks, with or without wind-driven devices.
WASHROOM
Enclosed space containing one or more bathtubs, showers or
both and which shall also include toilets, lavatories or fixtures
serving similar purposes.
WATER CLOSET COMPARTMENT
Enclosed spaces containing one or more toilets, which may
also contain one or more lavatories, urinals and other plumbing fixtures.
WEATHERING
Deterioration, decay or damage caused by exposure to the
elements.
Whenever the words "accessory structure," "building,"
"dwelling," "dwelling unit," "habitable room," "premises," "room,"
"rooming unit" or "structure" are used in this chapter, they shall
be construed, unless expressly stated to the contrary, to include
the plurals of these words and as if they were followed by the words
"or any part thereof." The word "shall" shall be applied retroactively
as well as prospectively.